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Robert Reich

Robert Reich

Posted: August 22, 2010 10:46 PM

Corporate Rotten Eggs

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There are rotten apples in every industry. Or perhaps I should say rotten eggs.

One especially rotten egg is Jack DeCoster, whose commercial egg agribusiness, which goes under the homey title "Wright County Egg," headquartered in Galt, Iowa, sends eggs all over the country under many different brands. Those eggs have now laid low thousands of Americans with salmonella poisoning, and may well infect thousands more.

DeCoster is recalling 380 million eggs sold since mid-May. Another commercial egg company, also headquartered in Iowa, and in which DeCoster is a major investor, is recalling hundreds millions more.

It's not clear how recall rotten eggs are recalled. They're not like Toyotas. They're already in our food supply.

But this is only the beginning of the story.

Thirteen years ago when I was Secretary of Labor, DeCoster agreed to pay a $2 million penalty (the most we could throw at him) for some of the most heinous workplace violations I'd seen. His workers had been forced to live in trailers infested with rats and handle manure and dead chickens with their bare hands. It was an agricultural sweatshop.

Several people in Maine told me the fine wouldn't stop DeCoster. He'd just consider it a cost of doing business. Evidently they were right. DeCoster's commercial egg business has a record that would make a repeat offender blush.

In 2003, DeCoster pleaded guilty to knowingly hiring undocumented immigrants (who don't complain about unsafe working conditions, below-minimum-wage pay, and unsanitary facilities). DeCoster paid a record $2.1 million penalty for that one.

In the 1990s he was charged by Iowa authorities for violating state environmental laws governing the runoff of manure into rivers. He continued to violate environmental laws so often that the Iowa Supreme Court approved an order barring him from building more hog structures.

In 2002 the U.S. Equal Employment Opportunity Commission fined DeCoster's operation $1.5 million for mistreating female workers. The charges included rape, sexual harassment, and other abuses.

Earlier this year, DeCoster paid another fine to settle state animal cruelty charges against his egg operations in Maine.

In other words, the current national salmonella outbreak is just the latest in a long series of DeCoster corporate crimes. He's fostered a culture that disregards any law standing in the way of profits. Along the way, DeCoster has abused the environment, animals, his employees, and his customers.

Corporations that play fast and loose with one set of laws are likely to cut corners on others. Look at Massey Energy Company, which owned the mine where 27 miners were killed several months ago. Massey also had a long record of law breaking, and had racked up an even longer list of alleged violations and settlements. Or consider BP, whose malfeasance even before the Gulf spill, included workplace safety violations, deaths, and other environmental disasters.

When I was Secretary of Labor, Bridgestone-Firestone's refused to install safety equipment resulted in the maiming or deaths of its workers in Oklahoma. A few years later, its faulty tires caused still more deaths.

Some CEOs are just bad citizens, and the corporations they head get the message that the public be damned.

Too often, though, one level or agency of government doesn't know about corporate malfeasance turned up by another level or agency of government. This is especially true when violations are settled out of court, as is now common. Government doesn't have nearly enough inspectors or lawyers to bring every rotten egg to trial.

A national database of corporate crimes and settlements would tip off federal, state, and local inspectors to rotten eggs like Jack DeCoster's agribusiness, Massey Energy, BP, Bridgestone Firestone, and other serial corporate offenders. Scarce inspection resources could be targeted at them rather than at the good eggs. Consumers could benefit as well.

And the rot wouldn't spill over to other companies now under competitive pressure to treat fines and penalties as the costs of doing business.

Before we can get rid of corporate rotten eggs we need to know about them.

This post originally appeared at RobertReich.org.

 
 
 
 
 
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HUFFPOST SUPER USER
live by the golden rule
06:53 AM on 08/28/2010
We should know about them and boycott them until they clean up their act: don't buy their products and don't buy their stock.
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HUFFPOST SUPER USER
Guitarsandmore
devoted father, community activist, musician, reti
03:59 PM on 08/26/2010
Clearly we need a bigger more powerful government to inspect corporate products and the authority to revoke a corporation's license to do business if violations are detected.

What would Chairman Mao do?
11:32 AM on 08/25/2010
Secretary Reich, many of us wish you were back and had the POWER to enforce the positions you correctly state. You may recall that even with Clinton it was a challenge to enforce those positions with a WH and Congress geared towards their corporate champions while the consumers are left ignorant to fend for themselves.

How many media outlets have given you the time to discuss this issue with the depth that you have stated here? None, and if there are forced to they will give you only enough time for sound-bites.

What a total disgrace...
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mmsuki
Fine; I evolved, you didn't.
11:27 AM on 08/25/2010
We can snub DeCoster and the huge egg-producing industry by buying eggs that are certified laid by free-range, non-hormone-fed chickens. The packages will be labeled such. Or, better yet, buy local.

They will be a bit more expensive, but you won't be supporting corporate thugs like DeCoster.
11:27 AM on 08/25/2010
Ohhhhh but I've been told the market will sort this out. Right? Right? C'mon. Market trends and incentivizing and people voting with their money will bring this business to an end...that's all happening right? Wait...a few people are still getting sick? Thousands? Oh well, that's just because we haven't deregulated enough.
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HUFFPOST SUPER USER
kurtvb
Knowledge is Power
10:54 AM on 08/25/2010
"fostered a culture that disregards any law standing in the way of profits"

This is how capitalism works. The only thing that is important is profits. Boards of Directors don't care, CEOs don't care and investors most certainly don't care, mostly because they have not "invested" in the company but just look to make a buck on the stock.

The only way we can fix this is to first change capital gains taxes, making short term gambling expensive and long term investment profitable. We should break up large corporations, banks and financial institutions and make those functions separate (like under Glass-Steagal), and end argibusiness, bringing back small farms. This can be done by changing the farm subsidies, so that they only go to owner/operator farms under a certain gross income amount.

We need to grow the food closer to people rather than bring the food to the people. If we did not have to transport it all over the country, we would need less chemicals to grow and preserve them for the shelf. We could also leave the vegetables and fruits on the plants longer so that they mature naturally, rather than be gassed during shipment to finish ripening.

It is time that we stop placating business and start making business work for the people. We are the country and the government and not the other way around. We need to get rid of all politicians that put corporate interests ahead of the people.
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HUFFPOST COMMUNITY MODERATOR
Sock De Jour
Democracy is an illusion
10:23 AM on 08/25/2010
Clearly we need agencies that have the ability to shut businesses down and actually do it.

Every government agency is corrupted. BP broke 700 OSHA laws in 2009, yet they were only slapped with fines. If they'd been shut down, there wouldn't have been a Gulf spill. If corporations are forced to comply with regulations instead of fines for continual infractions, they will either change the way they do business to comply with regulations, or be out of business, period.

It's time to get tough with the corporate polluters, in the food chain, and our environment.

A fine for your first infraction on a regulation, and your license to do business taken away next. The public needs protection from corporations who don't care about anything but profit.
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HUFFPOST SUPER USER
Guitarsandmore
devoted father, community activist, musician, reti
04:01 PM on 08/26/2010
F & F
This user has chosen to opt out of the Badges program
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10:20 AM on 08/25/2010
A national database for businesses that violate rules and regulations is a GREAT idea. However, because this guy and others like him likely give a lot of money to politicians we probably won't get a violators data base. If we lived in a democracy or something like it we might. In a democracy the government serves the people and regulates corporations so they don't endanger the citizens (as the U.K. does with its eggs, for example). We llive in a plutocracy controlled by the free market anarchists who care ONLY about making money. Until we have serious campaign finance reform (and corporations are no longer people) this will not change.
HUFFPOST SUPER USER
Kenyatta J Yamel
09:49 AM on 08/25/2010
I signed the food democracy now petition and helped spread the word abot this corporate crook. I think someone like that should not be in business.
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dongarb
Give Up The Ground and Embrace The Void
09:18 AM on 08/25/2010
Why aren't corporate poisoners tried and convicted for murder?
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HUFFPOST SUPER USER
Guitarsandmore
devoted father, community activist, musician, reti
04:02 PM on 08/26/2010
You would have to go to China to get that much backlash.
This user has chosen to opt out of the Badges program
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09:16 AM on 08/25/2010
We need more government oversight for our food supply. The government should have some type of watch dog group that monitors our food and drug supply, maybe call it the "Food and Drug Administration", or FDA for short.

Face it, government oversight doesn't work. If there were any problems known, the government could shut down production with just one word. However they are a sleep at the wheel.

I wish we could sue oversight like we could sue the producers. I would then sue the FDA out of business and replace them with something that works. Remember this, not one egg was sold that the government didn't assume was safe.
This user has chosen to opt out of the Badges program
11:52 AM on 08/24/2010
So many questions. Why is this guy just being fined? Why isn't he in jail? Why doesn't the state shut them down? Why do grocery stores buy their products for sale? Why do people buy their products from grocery stores?

Why? Why? Why???

Are we so unshockable that it has become acceptable to buy food that is sourced to places that are rat infested, urine filled, animal torture chamber sweatshops??

Every time one of these reports come out. We are shocked! shocked! and then these guys continue to operate.

I just don't get it.
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HUFFPOST SUPER USER
Raymond Foret
01:10 AM on 08/24/2010
Corporate crime, HOW SHOULD IT BE PUNISHED? I think the corporate officers that facilitated crimes or fraud should be imprisoned just like people are. We are fined and imprisoned for doing wrong,WHY AREN'T CORPORATIONS? Since they are not "a person" they cannot be put in a cell? We need equity in punishment more now that at any time in our history!
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sabelmouse
i love to tumble , ask me why .
05:25 AM on 08/24/2010
how can the have the rights of a person but not the responsibilities? i don't get it. really.
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Decorina
Hypocrisy means your karma ran over your dogma
10:42 AM on 08/24/2010
They have the money and the best government (read politicians) that money can buy.
06:34 AM on 08/24/2010
actually they are a person according to the supreme court
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HUFFPOST SUPER USER
Truth In Voting
Paranoid Rightwing Catchphrase Bingo!!
10:15 PM on 08/23/2010
For all the people who pretend that economics is as simple as the alphabet ("What part of trickle-down economics is so hard to understand?!" Uh, the part about trickle-down working for anybody but R. Kelly?), the same crowd is conveniently missing when the topic turns to profits and the costs of production.

One of the costs of production IS safety inspections. In an economic model, every producer and supplier is a profit-maximizing actor, and consumers are cost-minimizers.

Cutting some corners, even safety standards and health regulations, lowers the cost for these firms, thus maximizing profits. Consumers then reward these firms that can profit and still hold down prices by purchasing their goods. Sure, we could let the market work itself out and have consumers choose not to buy this firm's products, but until that point, many will get sick or possibly die from a simple economic transaction.

Anyone who stands to profit, WILL cut corners. Even the firms that comply with every regulatory code in the book, does so with profit-maximization in mind: the costs of violating regulations or settling wrongful death or negligence claims are far higher than costs of compliance. Unfortunately, some firms will still gamble that their violations won't be discovered or won't have consequences.

In economic terms, this tendency is called a "market failure;" hence why government agencies intervene. We are not a free-enterprise, purely capitalist nation, we correct market failures, and Wright County Egg is why.
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HUFFPOST COMMUNITY MODERATOR
oldngrumpy
My micro-bio is no longer empty
10:42 PM on 08/23/2010
In the 70's, under the old Dept of Agriculture rules, each producer paid the cost of it's inspection. The inspecters worked for the Dept, but their wages and benefits were billed to the producers. Once inspection is declared a necessary part of doing business again, we can stop talking about who should pay to keep Americans safe from their own food.

This country should get past the "good / evil" concept of business and just assume that business is obligated to maximize it's profits for share holders. It is the "RESPONSIBILITY" of government to set minimum standards and to enforce them. The polyanna idea that business can regulate itself is so naieve that I can't believe America bought into it again. We are a country of masochists.
HUFFPOST SUPER USER
Rita R
Always asking why
12:11 AM on 08/24/2010
Fanned! Big emphasis on that "enforce" part of regulations...
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Oregon42
He who dies with the most toys...is still dead
03:19 PM on 08/24/2010
Well said, both of you!
08:49 PM on 08/23/2010
No issue is more important in today's world than food safety. Agribusiness giants, too big to fail, are not surprisingly putting profits before our food safety. But, this is one area that we simply can not afford to turn a blind eye to. More and more of these giant corporate farms are simply paying trivial fines and continuing business as usual.

And more and more of our food stuffs are coming from around the world. A world where food safety is not as stringent as in this country, as bad as it is. Chemicals banned in this country are not bound by the same laws we have here. Consequently, DDT and other cancer causing chemicals are still used in the foods we import.

Each year it's another one or more episodes of food poisoning in this country. It is imperative we increase food safety inspections on our food supply. Mass poisoning of thousands or possibly millions of Americans is simply unacceptable. There are online orgs that are involved in just this cause. Simply search for them and join the fight to make food safe.
08:57 PM on 08/23/2010
Well said Jo. And to think many these agri-conglomerates receive farm subsidies as well.